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Rwanda decisions
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The Court of Appeal upheld Nishyirembere Jean-Baptiste’s conviction for transporting cannabis and dismissed his appeal, confirming the 17-year sentence and fine.
Sibomana knowingly transported and intended to sell 381 packets of marijuana, as proven by his own admissions and corroborating testimony. His actions constituted trafficking and selling, not mere possession. Mitigating factors were not properly raised at the lower court and cannot be considered on appeal. The conviction and sentence are upheld.
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The court found that the prosecution failed to prove that Muhawenimana Virginie intended to distribute or sell the cannabis, as the evidence showed the drugs were for personal use and for another individual (Patrick) with whom she shared consumption. The quantity was small, and there was no evidence of repeated transport or commercial intent. Therefore, she should be convicted of possession, not trafficking or sale.
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The Court of Appeal held that knowingly transporting 200 boules of cannabis to another person amounts to drug trafficking, not mere possession, and upheld the conviction.
Although there was no direct evidence of sale or distribution, the large quantity (70 packets) and packaging of cannabis justified a conviction for possession with intent to distribute (storage of narcotics), not trafficking. The sentence remains unchanged as the penalty for storage is equivalent to trafficking under the law.
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The Court of Appeal reduced a drug-trafficking conviction to possession and use of cannabis, finding the prosecution had not proved intent to distribute.
The Court of Appeal upheld Uwimana Pacifique’s conviction for trafficking cannabis, finding 60 wraps exceeded personal use and rejecting further sentence reduction.
There was insufficient evidence to prove drug trafficking; possession of a significant quantity of cannabis in the respondent's home constituted the offence of possession of narcotics. The sentence was reduced due to mitigating circumstances, aligning with statutory minimums and recent comparable cases.
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The Court of Appeal dismissed Masumbuko Hassan’s appeal, upholding his conviction for cannabis possession based on the quantity found and affirming the 16-year sentence.
The Court of Appeal dismissed the appeal in a cannabis trafficking case, upholding the convictions and 25-year sentences for the appellants.
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